NEW INDIA ASSURANCE CO. LTD Vs. MUNNI THAPA

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 3/5/2018 passed by learned District Judge cum Judge, Motor Accident Claims Tribunal, Jalpaiguri in M.A.C Case no. 43 of 2018 granting compensation of Rs.54,23,600.00favour of the claimant under Sec. 166 of the Motor Vehicles Act,1988.

(2.) With the consent of the parties preparation of informal paper books is dispensed with.

(3.) The brief fact of the case is that on 26th of June 2015 at about 10 PM while the victim was proceeding towards Telepara from Gairkata on a motorcycle taking left side of the road in a normal speed at that time the offending vehicle bearing registration no.WB-57C/0098 (truck) coming from the opposite direction in a rash and negligent manner dashed the motorcycle of the victim as a result of which the victim sustained severe injuries all over his body and was immediately taken to Birpara State General Hospital where the attending doctor declared him dead. On account of sudden demise of the deceased victim the claimant being the mother of the deceased filed application for compensation of Rs.38,00,000.00 under Sec. 166 of the Motor Vehicles Act, 1988.